CrimLaw

++++++++++++++++++
God Bless Our Troops
++++++++++++++++++

The Bar is punishing yet another small practitioner for not being able to keep up with everything.

These things always happen for the same reasons each and every time: "mishandled legal fees, limited access, poor legal advice and failure to file the proper court papers."

Mishandled legal fees: This could mean anything from spending money which should be held in escrow to not keeping your escrow paperwork done exactly in a manner the bar approves.

Limited Access: If you are doing trial work, visiting clients at jail, researching, doing paperwork, talking to prosecutors, talking to opposing attorneys, &cetera (in other words doing your job) then CLIENTS ARE GOING TO HAVE LIMITED ACCESS. This is especially true if you are in a major trial.

Poor Legal Advice: What you are always said to have given when your client loses.

Failure to File Proper Court Papers: Quite a few criminal defense attorneys I know do not file any paperwork. Why? Because most prosecutors basically ignore it. One prosecutor told me he never answers discovery unless the motion is taken in front of a judge and he is ordered to (he knows it is impossible to come to court and argue for discovery for every single case or even the majority of cases). The jurisdiction I primarily practice in rarely turns over anything except my clients' statements. And under Virginia law, filing discovery in Circuit Court requires you to tell the prosecution about elements of your defense.

Now, this guy was taking retained cases and civil matters so there may be something to his complaints. But until the Commonwealth decides that it will pay a decent amount to a court-appointed attorney I suspect that just about every one of us could be disbarred under the elements above (hopefully with the exception of the first).

.